Mr. Andrews
introduced the following bill; which was referred to the
Committee on Armed
Services, and in addition to the Committee on
Oversight and Government
Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned

A BILL

To amend titles 5, 10, and 32, United States Code, to
eliminate inequities in the treatment of National Guard technicians, and for
other purposes.

1.

Short title

This Act may be cited as the
National Guard Technician Equity
Act.

2.

Titles 10 and 32,
United States Code, amendments regarding National Guard technicians

(a)

Authority To
employ technician as non-Dual status technician after 20 years of creditable
service

Subsection (c) of
section 709 of title 32, United States Code, is amended to read as
follows:

(c)

A person may be employed under subsection
(a) as a non-dual status technician (as defined by section 10217 of title 10)
if—

(1)

the technician
position occupied by the person has been designated by the Secretary concerned
to be filled only by a non-dual status technician; or

(2)

the person occupying the technician
position has at least 20 years of creditable service as a military technician
(dual
status).

.

(b)

Exception to
dual-Status employment condition of membership in Selected
Reserve

Section 10216 of title 10, United States Code, is
amended—

(1)

in subsection
(a)(1)(B), by inserting subject to subsection (d), before
is required; and

(2)

in subsection
(d)(1), by striking Unless specifically exempted by law and
inserting Except as provided in section 709(c)(2) of title 32 or as
otherwise specifically exempted by law.

(c)

Continued
compensation after loss of membership in Selected Reserve

Subsection (e) of section 10216 of title
10, United States Code, is amended to read as follows:

(e)

Continued
compensation after loss of membership in Selected Reserve

Funds appropriated for the Department of
Defense may continue to be used to provide compensation to a military
technician who was hired as a military technician (dual status), but who is no
longer a member of the Selected Reserve. The compensation may be provided for a
period up to 12 months following the technician’s loss of membership in the
Selected
Reserve.

.

(d)

Repeal of
permanent limitations on number of non-Dual status technicians

Section 10217 of title 10, United States
Code, is amended by striking subsection (c).

(e)

Technician
appeal and seniority rights

Section 709 of title 32, United States
Code, is amended—

(1)

in subsection
(f)—

(A)

by inserting and at the end
of paragraph (3);

(B)

by striking
paragraph (4); and

(C)

by redesignating
paragraph (5) as paragraph (4); and

(2)

in subsection (g),
by striking 2108, 3502, 7511, and 7512 and inserting 2108
and 7511.

(f)

Availability of
certain enlistment, reenlistment, and student loan benefits for military
technicians

Section 10216 of title 10, United States Code, is
amended by adding at the end the following new subsection:

(h)

Eligibility for
bonuses and other benefits

(1)

If an individual is first employed as a
military technician (dual status) while the individual is already a member of a
reserve component, the Secretary concerned may not require the individual to
repay any enlistment, reenlistment, or affiliation bonus provided to the
individual in connection with the individual’s enlistment or reenlistment
before such employment.

(2)

Even though an individual employed as a
military technician (dual status) is required as a condition of that employment
to maintain membership in the Selected Reserve, the individual shall not be
precluded from receiving an enlistment, reenlistment, or affiliation bonus nor
be denied the opportunity to participate in an educational loan repayment
program under chapter 1609 of this title as an additional incentive for the
individual to accept and maintain such
membership

.

(g)

Repeal of
prohibition against overtime pay for National Guard technicians

(1)

Authority for
secretary To grant overtime pay

Section 709(h) of title 32, United States
Code, is amended by striking the second sentence and inserting the following
new sentence: The Secretary concerned shall pay a technician for
irregular or overtime work at a rate equal to one and one-half times the rate
of basic pay applicable to the technician, except that, at the request of the
technician, the Secretary may grant the technician, instead of such pay, an
amount of compensatory time off from the technician’s scheduled tour of duty
equal to the amount of time spent in such irregular or overtime
work..

(2)

Effective
date

The amendment made by paragraph (1) shall apply with respect
to irregular or overtime work performed by an employee subject to section 709
of title 32, United States Code, on or after the date of the enactment of this
Act.

(h)

Extended
deployment bonus for military technicians

Section 709 of title 32, United States
Code, is amended by adding at the end the following new subsection:

(j)

A person employed as a military technician
who is called or ordered to active duty in support of an overseas contingency
operation shall receive a bonus in the amount of $100 for each day of such duty
in excess of 180
days.

.

(i)

Retention of
Military Technicians Who Lose Dual Status Due to Combat-Related
Disability

Section 10216(g) of title 10, United States Code, is
amended—

(1)

in paragraph (1),
by striking may in the matter preceding subparagraph (A) and
inserting shall; and

(2)

by striking
paragraph (3).

(j)

Reduction in
eligibility age for retirement for non-Regular service

Section
12731(f) of title 10, United States Code, is amended by striking 60
years of age both places it appears and inserting 55 years of
age.

3.

Title 5, United
States Code, amendments regarding National Guard technicians

(a)

Retirement

(1)

Amendment to
FERS

Subsection (c) of
section 8414 of title 5, United States Code, is amended to read as
follows:

(c)

An employee who is separated from service
as a military technician (dual status)—

(1)

after completing
25 years of service as such a technician, or

(2)

after becoming 50 years of age and
completing 20 years of service as such a technician,

is
entitled to an annuity, if the separation is by reason of either separating
from the Selected Reserve or ceasing to hold the military grade specified by
the Secretary concerned for the position involved, and is not by removal for
cause on charges of misconduct or
delinquency.

.

(2)

Amendment to
CSRS

Section 8336 of title 5, United States Code, is amended by
adding at the end the following new subsection:

(q)

An employee who is separated from service
as a military technician (dual status)—

(1)

after completing
25 years of service as such a technician, or

(2)

after becoming 50 years of age and
completing 20 years of service as such a technician,

is
entitled to an annuity, if the separation is by reason of either separating
from the Selected Reserve or ceasing to hold the military grade specified by
the Secretary concerned for the position involved, and is not by removal for
cause on charges of misconduct or
delinquency.

.

(3)

Effective
date

The amendments made by this subsection shall apply with
respect to separations from service as a military technician (dual status)
occurring on or after the date of the enactment of this Act.

(b)

Military
leave

Section 6323(a)(1) of title 5, United States Code, is
amended by striking 15 days each place it appears and inserting
30 days.

(c)

Health
benefits

Subparagraph (B) of section 8906(e)(3) of title 5,
United States Code, is amended to read as follows:

(B)

An employee referred to in subparagraph (A)
is an employee who—

(i)

is enrolled in a health benefits plan
under this chapter;

(ii)

is a member of a Reserve component of
the Armed Forces;

(iii)

is placed on leave without pay or
separated from service to perform the active duty or other duties described in
clause (iv); and

(iv)

is called or ordered to—

(I)

active duty in support of a
contingency operation (as defined in section 101(a)(13) of title 10);

(II)

active duty for a period of more
than 30 consecutive days;

(III)

active duty under section 12406 of title
10, United States Code;

(IV)

perform training or other duties described
under paragraph (1) or (2) of section 502(f) of title 32; or

(V)

while not in Federal service, perform
duties related to an emergency declared by the chief executive of a State, the
District of Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United
States.

.

(d)

Study and
report

(1)

In
general

Within 6 months after the date of the enactment of this
Act, the Secretary of Defense and the Director of the Office of Personnel
Management shall jointly conduct a study and submit to Congress a report
concerning the problems associated with the conversion of military technicians
from FEHBP coverage to coverage provided under chapter 55 of title 10, United
States Code, during contingency operations.

(2)

Definitions

For
purposes of this subsection—

(A)

the term
FEHBP coverage means coverage provided under chapter 89 of title
5, United States Code; and

(B)

the term
contingency operation has the meaning given that term in section
101(a)(13) of title 10, United States Code.